LATIMORE TOWNSHIP

BOARD OF SUPERVISORS

559 Old U.S. Route 15, York Springs, PA 17372

717-528-4614; Fax 717-528-8281

Reorganization and Regular Meeting

January 5, 2009

Present: Chairman Daniel Worley, Vice-Chairman Larry Dost, Supervisor Elwood (Woody) Myers, Solicitor Guy Beneventano, Secretary Valena Garlin and visitors listed on the attendance sheet.  Engineer John Shambaugh was unable to attend.

Chairman Worley called the meeting to order at 6:00 p.m. and led everyone present in the Pledge of Allegiance to the Flag.

Dan moved to elect a Temporary Chairman and Secretary.  Woody Myers made a motion seconded by Larry Dost to elect Dan Worley as Temporary Chairman and Valena Garlin as Temporary Secretary.  All agreed and the motion carried unanimously.

The next order of business was the Election of Officers.  Larry Dost made a motion seconded by Woody Myers to elect Dan Worley as Chairman.  The motion carried unanimously.  Woody Myers made a motion seconded by Dan Worley to elect Larry Dost as Vice-Chairman.  The motion carried unanimously.

PUBLIC COMMENT REORGANIZATION MEETING ONLY (1)

Gary Baker, 116 Two Church Road, read portions of the Sunshine Law and expressed he didn't see notice of the meeting on the building.  Chairman Worley answered he had checked with Records Officer Linda Hansen who confirmed that they were not required to post it on the door.  Solicitor Guy Beneventano confirmed that the key to the requirement is timely publication in the newspaper; posting in the window is not required.

Jason Williams, 139 Plank Road, asked the Chairman to slow down so he could write who is being put into office.  Dan replied that he could always request a copy of the appointments.

APPOINTMENTS, FEE SCHEDULE, MEETING DATES and TIMES

Chairman Worley read the list of appointments as follows:

Appointments

a. Secretary – Valena Garlin, $14.36/hr., Bond $25,000

b. Treasurer – Roxane Pace, $14.98/hr., Bond $550,000

c. Part-time Secretary/Treasurer and Records Officer – Linda Hansen, 14.98/hr., Bond $25,000

d. Township and Planning Commission Solicitor – Guy Beneventano

e. Zoning Hearing Board Solicitor – Richard P. Mislitsky

f. Outside Audit Firm – Smith Elliott Kearns & Company, LLC

g. Working Supervisors – Elwood ‘Woody’ Myers (and Daniel T. Worley on a limited basis)

h. Police Chief – Michael E. Weigand, $45,619.00 Annual Salary

i. Part-time Police Officers – Todd Dunlap, Burnell Bevenhour, Todd Forney, Ralph Griffiths, John Schreiner – 17.06/hr.

j. Roadmaster – Brian Gayman, $17.81/hr.

k. Full-time Road Worker (if needed) -- $14.24/hr.

l. Part-time Laborers, as needed -- $12.47/hr.; working Supervisors with CDL license, $13.27/hr.

m. Road Crew Contact Persons – Daniel T. Worley, Elwood ‘Woody’ Myers

n. Custodian – Esther Heller, $10.35/hr.

o. Depositor – PLGIT

p. Engineer – John Shambaugh

q. Bridge Engineer – John Shambaugh

r. Sewage Enforcement Officer – John Shambaugh

s. Alternate Sewage Enforcement Officer – Edward Ellinger

t. Zoning/Code Enforcement Officer – John Shambaugh

u. Plan Reviewer and Inspections for Buildings – Land & Sea Inspectors LLC, Wilbur Slothour, Proprietor

v. Representative to York Adams Tax Bureau (YATB) – Lawrence Dost, Alternate Daniel T. Worley

w. U.S. 15 Corridor Study Representative – Lawrence Dost

x. Tax Collector Commission -- $1.8%

y. Vacancy Board Chairperson – Samuel Giardullo

z. Act 511 Tax Collector – York Adams Tax Bureau

    aa. Delinquent Tax Collector – J.P. Harris

Chairman Worley indicated that Benefits/Holiday Pay, etc. would remain the same as listed in the Personnel Manual Resolution of 2004-003, but will be revised at a later date.  He then made a motion, seconded by Woody Myers, to approve the appointments as read.  All agreed and the motion carried.  Dan also noted that the Pennsylvania Association of Township Supervisors provides a price guide for employee fees based on population; fees proposed for Latimore Township are median.  He also noted that the Police Chief and the Roadmaster are the only full-time employees, both of whom have outside health insurance coverage at a savings to the Township; all other employees are part-time with no health insurance benefits or pension.  This arrangement provides the Township with excellent cost-efficient service.

Chairman Worley then read the proposed Fee Schedule and Meeting Dates & Times as follows:

Fee Schedule

a. Building Permit -- $60.00 Minimum

b. Zoning Permit -- $30.00

c. Driveway Permit -- $25.00 for single use

d. Zoning Board Hearing Fee -- $400.00

e. Subdivision Fees

1. $150.00 per Plan

2. $25.00 per Lot

3. $60.00 per Planning Module Review

4. $50.00 Meeting Charge per Plan

5. $300.00 per Lot Recreation Fee

6. Charges for Township Engineer Review of Plan and Comments based on Engineer’s rate per hour

f. Comprehensive Plan Book -- $20.00

g. Subdivision and Land Development Ordinance -- $20.00

h. Zoning Ordinance Book -- $25.00

i. Request for Copies -- $.25 each (single sided); $.50/sheet back-to-back.  Dan reviewed the procedure for requesting and obtaining copies.

j. Zoning Map -- $3.00/Small; $6.00/Large

k. Fax Copy -- $.50 per page

l. Disc Copy -- $1.00

Meeting Dates and Times

a. Board of Supervisors – Second Monday of each month, 6:00 p.m.

b. Park Board – First Wednesday of each month, 7:00 p.m., January through March and October through December at the Township building; April through September at the Township Park Pavilion

c. Planning Commission – Fourth Tuesday of each month, 8:00 p.m.

Mileage Allowance is set for $.55 per mile.

Dan made a motion, seconded by Larry Dost, to approve the Fee Schedule and Meeting Dates & Times.  The motion carried unanimously.

PUBLIC COMMENT REORGANIZATION MEETING ONLY (2)

Gary Baker asked for clarification of the copy fees; Dan reviewed them for him.

END of REORGANIZATION MEETING; CONTINUE with REGULAR MEETING

Larry Dost made a motion to conclude the Reorganization Meeting and continue with the Regular Meeting.  Woody Myers seconded the motion and all agreed.  The motion carried unanimously.

Chairman Worley made a motion to 1) approve the Minutes from the December 8, 2008 meeting, 2) to approve the Minutes from the December 30, 2008 meeting, 3) to approve the Treasurer’s Report of December 31, 2008, and 4) approve the Bills Paid through December 31, 2008.  Woody seconded.  All approved and the motion carried.

PUBLIC PARTICIPATION in REFERENCE TO AGENDA ITEMS (1)

Gary Baker, 116 Two Church Road, read portions of the Sunshine Law re: posting meeting notices for the record and requested an explanation as to why the law hadn't been followed.

Mr. Baker also had questions about the Budget, but was told that was not an Agenda Item; he was welcome to express those concerns during Public Participation at the end of the meeting.

POLICE REPORT

Chief Michael E. Weigand reported that during the period of December 7-31, 2008 the Latimore Police Department took 144 calls for service, clocked 3,178 miles and put in 279.25 man-hours.  There were 35 traffic citations, five (5) traffic warnings and two (2) non-traffic warnings.  There were no D.U.I. Enforcement Patrols; those scheduled were cancelled due to inclement weather.

The Safety Tip for the Month is a reiteration of November's Tip...be aware of weather conditions; have blankets and water available in the vehicle; be aware of one's location in case a call for assistance is necessary.

Chief Weigand also submitted a Year-End Activity Report covering January 1, 2008 – December 31, 2008.  There were 1,782 calls for service, 42,253 miles patrolled and 3,710.5 total man-hours.  In addition, there were 423 traffic citations, 85 traffic warnings, 38 non-traffic citations, six (6) D.U.I. Enforcement Patrols (which are reimbursed by the State), 12 Crime Watch meetings and six (6) D.A.R.E. Classes.

The 2009 meeting schedule prepared by the Crime Watch Committee is available.  Also, the Committee is working on providing portable, cost-effective cameras for the Department.  One has already been received and the Officers are eager to 'test it out.'  Larry Dost inquired if those involved must be informed of the camera(s).  Chief Weigand responded, “Yes,” because of the audio feature; it's not required for video only.

A Safety Corridor along Rt. 15 is being aggressively pursued by a group of concerned citizens; several meetings have already been held.  If this goes through, grant money would be available from the state for enforcement.

Chief Weigand concluded his report by reviewing the recent Steer It Clear Law which requires drivers to slow down or move to the left lane when possible when a vehicle along the side of the road has emergency lights on.

COMMITTEE REPORTS

Engineer’s Report

Engineer John Shambaugh was attending another meeting so there was no report. 

Road Report

Woody Myers submitted the following activities of the Road Crew:

1. Removed trees and debris

2. Put the snow plow and spreader on the Ford tractor

3. Set out barricades due to flooding of the roads

4. Conducted ditch work

5. Put chains on the International in preparation for ice

6. Cindered roads

7. Put away a load of salt

8. Repaired potholes

9. Conducted road checks 

Park Report

Woody Myers reported that work on the Park is at a standstill due to the weather; work will commence as soon as conditions permit.  Larry Dost asked if the ‘donut issue’ had been resolved.  Woody responded that, although extensive investigation and follow-up had been conducted, the issue remains unresolved.

SOLICITOR’S REPORT

Solicitor Guy Beneventano reported that he had an ordinance to submit under New Business.

He also submitted a personal note to Chief Weigand expressing his appreciation for the Police Department's professionalism, community interest and involvement, and overall commitment to the Township.  He also commended the Board for its decision to create the Township's own Police Force.

PLANNING COMMISSION: subdivisions/modules/land developments

No activity

OLD BUSINESS
None

NEW BUSINESS

Solicitor Beneventano presented a very detailed ordinance as mandated by the Pennsylvania Department of Community and Economic Development to replace the outdated 1982 Flood Plain Regulations.  The State provided a model ordinance which Guy tailored to suit the needs of the Township and make its regulations consistent with the State Flood Plain Management Act.  He emphasized the Township must adopt the Ordinance to remain eligible for National Flood Insurance Program benefits.

Chairman Worley made a motion, seconded by Woody Myers, to adopt Ordinance 2009-1 as submitted by the Solicitor.  All agreed and the motion carried.

BILLS LIST
After brief review, Vice-Chairman Dost made a motion seconded by Woody Myers to approve the Bill's List as submitted.  The motion carried unanimously.

PUBLIC COMMENT (2)
Gary Baker, 116 Two Church Road, had two concerns/questions:  1) Was the meeting properly advertized, and 2) Is the $18,000 earmarked for the Fireman's Relief Fund in the Budget for Workman's Compensation.

Jason Williams, 139 Plank  Road, inquired as to the status of the Terry Rickert lawsuit.

SUPERVISORS' COMMENTS
In response to Mr. Baker’s first concern, Chairman Worley noted that the schedule for the year is advertized after the Reorganization Meeting.  This is the same procedure that was followed in 2008.  Mr. Baker retorted, “That’s not what the law says.”  Dan responded that interpretation of the law is the Attorney’s function; laymen may misinterpret or take the meaning out of context.  Solicitor Guy Beneventano interjected that the Board is in compliance in setting the schedule for the year and advertizing in the newspaper.  In addition, he recommended that the advertisement for each individual meeting be posted on the bulletin board with other public announcements.  Mr. Baker continued to argue.  At this point, Guy indicated that he would address the issue in Executive Session, but no more in public.  He reassured the Chairman that the Board is not in violation of the Sunshine Law.

Chairman Worley then addressed Mr. Baker’s second concern, saying that the $18,000 for the Firemen’s Relief Fund has nothing to do with Worker’s Comp.

Dan deferred to the Solicitor concerning the Rickert case.  Guy clarified that 1) the Township prevailed against Mr. Rickert in Commonwealth Court in that the bond was overturned.  The Township has been fully released from its duty under the bond.  And 2) the Board has filed a petition for Allowance of Appeal to the Supreme Court of Pennsylvania.  That petition is before the Supreme Court for its review and determination.

Larry Dost and Woody Myers had no comment.

There will be an Executive Session following the meeting.

Chairman Worley made a motion, seconded by Larry Dost, to adjourn.  The motion carried by unanimous vote and the meeting was adjourned at 6:41 p.m.

The next regular meeting will be Monday, February 9, 2009 at 6:00 p.m.